State v. Furco

Citations

• 51 La. Ann. 1082
• 25 So. 951
• 1899 La. LEXIS 525

Syllabus

<p>Syllabus.</p> <p>1. While it would be in better form to go outside the coterie of court house officials for witnesses to the drawing of juries, a deputy clerk of court and deputy coroner, acting in their individual capacities and not as officials, are not incompetent to serve as such witnesses.</p> <p>2. The fact that an incompetent person happens to find a place on the grand jury, is no ground for the dissolution of that body. The judge may dismiss-such ineligible juror and supply his place from the names remaining on the-grand jury list.</p> <p>3. It is not deemed essential that the judge should deliver anew a full charge-to the grand jury after each filling of a vacancy in the panel.</p> <p>4. But the failure to administer the full oath of a grand juror to the person chosen from the grand jury list to fill such vacancy is reversible error when-timely objection Is made to the indictment, the finding of which was participated in by the juror improperly sworn.</p> <p>5. The abbreviated form of oath administered to those chosen with the foreman, and who heard the full oath administered to him, suffices; but, later, when another is added to the panel to fill a vacancy, it will not do to qualify-him by the abbreviated oath.</p> <p>6. A wise discretion to select his witnesses and manage the prosecution according to his best judgment under the eye and reasonable direction of the court,, is vested in the district attorney.</p>